B-169750, JUN. 12, 1970

B-169750: Jun 12, 1970

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YOUR CLAIM WAS PREVIOUSLY CONSIDERED AND DISALLOWED ON THE GROUND THAT YOU WERE PAID UNDER LOCALLY ESTABLISHED SALARY RATES AND THERE WAS NOT AUTHORIZED ANY ADDITIONAL COMPENSATION FOR NIGHT WORK. IS ENCLOSED. YOUR PREVIOUS CLAIM FOR HOLIDAY PAY WAS DISALLOWED AS IT WAS THE POLICY TO COMPENSATE ALIEN EMPLOYEES WORKING ON HOLIDAYS BY PAYING STRAIGHT TIME AND CREDITING THE EMPLOYEE WITH COMPENSATORY TIME IN AN AMOUNT EQUAL TO THE NUMBER OF HOURS WORKED WHICH TIME COULD BE TAKEN OFF AT A LATER DATE. THE RECORD SHOWS AND THE SETTLEMENT POINTS OUT THAT YOU WERE COMPENSATED IN ACCORDANCE WITH ESTABLISHED POLICIES FOR ANY WORK YOU MAY HAVE PERFORMED AT NIGHT OR ON HOLIDAYS. SINCE THERE WAS NO AUTHORITY TO PAY ADDITIONAL COMPENSATION FOR NIGHTS OR HOLIDAYS WORKED.

B-169750, JUN. 12, 1970

TO MR. MARIANO ROBREGADO:

THIS REFERS TO YOUR REGISTERED LETTER NUMBER 59553 DATED MARCH 9, 1970, MAKING CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE FOR SERVICES RENDERED AT NIGHT AS AN EMPLOYEE OF THE AMERICAN BATTLE MONUMENTS COMMISSION, UNITED STATES MILITARY CEMETERY, RIZAL, PHILIPPINES.

YOUR CLAIM WAS PREVIOUSLY CONSIDERED AND DISALLOWED ON THE GROUND THAT YOU WERE PAID UNDER LOCALLY ESTABLISHED SALARY RATES AND THERE WAS NOT AUTHORIZED ANY ADDITIONAL COMPENSATION FOR NIGHT WORK. A COPY OF OUR SETTLEMENT DATED MARCH 9, 1962, IS ENCLOSED. ALSO, YOUR PREVIOUS CLAIM FOR HOLIDAY PAY WAS DISALLOWED AS IT WAS THE POLICY TO COMPENSATE ALIEN EMPLOYEES WORKING ON HOLIDAYS BY PAYING STRAIGHT TIME AND CREDITING THE EMPLOYEE WITH COMPENSATORY TIME IN AN AMOUNT EQUAL TO THE NUMBER OF HOURS WORKED WHICH TIME COULD BE TAKEN OFF AT A LATER DATE.

THE RECORD SHOWS AND THE SETTLEMENT POINTS OUT THAT YOU WERE COMPENSATED IN ACCORDANCE WITH ESTABLISHED POLICIES FOR ANY WORK YOU MAY HAVE PERFORMED AT NIGHT OR ON HOLIDAYS. YOU DO NOT NOW FURNISH ANY INFORMATION NOT PREVIOUSLY CONSIDERED.

ACCORDINGLY, SINCE THERE WAS NO AUTHORITY TO PAY ADDITIONAL COMPENSATION FOR NIGHTS OR HOLIDAYS WORKED, WE MUST SUSTAIN THE DISALLOWANCE STATED IN OUR SETTLEMENT OF MARCH 9, 1962.

Mar 13, 2018

Interoperability ClearinghouseWe dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.